A certain amount of banter can be the mark of a happy workplace, but it is all too easy for the line of acceptability to be overstepped which we see on many occasions. In a cautionary tale of which employers should take careful note, a woman who was subjected to deeply offensive sexual harassment by a colleague was awarded £20,000 in compensation (Jackson v Network Rail Infrastructure Limited).
The woman, who worked in the railway industry, was subjected to a series of highly personal and sexualised comments by her male workmate, most of them focused on the size of her breasts. In denying her allegations, the man had insisted that the office chat was mainly friendly banter about football. However, after the woman launched proceedings, an Employment Tribunal found that her workmate was not a credible witness and upheld her sexual harassment claim. He had shown no insight into what he had done wrong and his demeaning comments had left the woman mortified and deeply embarrassed, adversely affecting her health and wellbeing.
Due to the employees actions the woman's employer was ordered to pay her £17,500 for injury to feelings and £2,500 in aggravated damages, plus £3,048 in interest.
Employers are advised to protect the dignity of all employees by promoting a workplace culture of tolerance and respect. Banter of a personal nature can easily cause offence and should be discouraged. Whilst we do not want to be a “fun sponge” it is important that employees know their boundaries to limit the risks that they expose their employer to.
Contact Emma-Louise Hewitt on 0808 166 8860 or email e.hewitt@sydneymitchell.co.uk to find out how we can educate your workforce on such matters.
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